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Implied Easement Can Be Exclusive

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Romero v. Shih (2024) 15 Cal. 5th 680

An implied easement may be recognized and enforced even though it precludes most uses by the owner of the servient tenement in the area covered by the easement.  Here, one owner held two adjoining lots, built a house on one lot with a driveway framed by a brick planter area on the house side and a fence on the far… Read More